Chhattisgarh High Court Civil Procedure and Evidence Civil Law

After Parties Report Amicable Out-of-Court Settlement, Chhattisgarh High Court Dismisses Kanwar Second Appeal As Infructuous

By LawLens Team · Editorial and Research TeamDecided November 02, 2026Published 4 November 2026 at 12:45 pm IST1 min read

The LawLens card for this judgment

In brief

The question

Whether the parties’ out-of-court settlement rendered the second appeal infructuous.

The court held

The High Court dismissed the second appeal as infructuous because the parties had settled the dispute out of court.

It also directed

The High Court dismissed the second appeal as infructuous because the parties had settled the dispute out of court.

01Facts

The appellants brought this second appeal against the judgment and decree dated 21 July 2016 passed by the District Judge, Balodabazar, in Civil Appeal No. 38A/2015.

¶ 1

At the hearing, appellants’ counsel informed the High Court that the parties had amicably settled the dispute out of court and that no cause of action survived.

¶ 2

02Issues

i.Whether the parties’ out-of-court settlement rendered the second appeal infructuous.

¶ 2

ii.Whether the appeal should therefore be dismissed.

¶ 3

03Law Applied

The judgment cites no statute, precedent, or substantive legal doctrine. The Court proceeded on appellants’ counsel’s submission that the parties had settled the dispute and no cause of action survived.

¶ 2

04Reasoning

In light of the reported settlement and the submission that no cause of action remained, the Court found that the appeal no longer required adjudication on its merits.

¶ 2–3

It accordingly treated the appeal as infructuous.

¶ 2–3